Lies, Damned Lies, and Defence Lies
The idea that a faked case can result in judgment for the Plaintiff is a lie spread by defence insurance companies. The lie suggests that every real-world witness for the plaintiff – every friend, relative, co-worker, the guy standing on the street when the crash happened – is a liar. That every expert who testifies for the plaintiff is either a fool – duped by that criminal mastermind, the plaintiff – or is a liar. That the judge is an idiot. That the one shining beacon of truth in the case is the defence lawyer, along with his hired witnesses. Insurance companies spread this lie because they are the ones who have to pay when plaintiffs get justice.
It is easy for a Plaintiff with a real case to lose it. Jurors – and judges – may be persuaded by the defence lies. They may believe the insinuations: That the plaintiff is “playing litigation lottery”. That her real world witnesses are “in on it”. That something “doesn’t add up”. That her experts are mistaken or bought off. Insurance companies spend millions of dollars to publish propaganda against Plaintiffs. They spend that money because propaganda works.
The jurors (or judge) may decide that the injury is real, the effects are real, the need for care is real, the costs of the losses and care are all real, that the pain and suffering are real – and then order the defendant to pay only part of the losses and expenses they have determined are real.
Defence lawyers often argue that at some magical date in the future, suddenly the Plaintiff will be healed. They talk about the “healing effect” of the end of the lawsuit. So, please don’t make the Defendant pay what he owes. There is always the chance a miracle will happen. So the jury (or judge) is duped into letting the Defendant escape his responsibility.
Just how that miracle will occur, the defence lawyer doesn’t explain. Just how there could be a “cure” out there which no one has found in all the time since the crash – not the Plaintiff, not his friends, not his doctors, not the experts hired by the Plaintiff, not the experts hired by the defence, and not the defence lawyer right up to his Closing Argument – well, the defence lawyer just doesn’t explain that. But, by golly, there “must be” a miracle just waiting to happen. So, please don’t make the Defendant take responsibility for the harm he caused.
If someone chose to drive through a stop sign and crippled you, you would be entitled to full compensation. Not partial compensation “just in case” you grow wings some miraculous day in the future. Trials should be about what is real, and what is more likely to be true than not. Trials should not be about praying for a miracle, while refusing contrition and recompense.